periods of growth. let me get the exact statement here. you heard jay carney say it in part. they say we were growing month to month and quarter to quarter unlike when president obama first took office. >> if you call 1.5% growth growth, fine. let's go back to a basic definition of gdp. it really is a snapshot and a measure of the economic health of the u.s. during a given period of time, and 200 years ago the u.s. represented 1% of total gdp growth in the world. today it stands at 23%, megyn, and double china okay. and we got there because of limited government intervention, entrepreneur ship. property rights, less bureaucracy and lower regulation. done my research i don't think those are the majority of things that they believe in. unless we can change the sentiment coming out of

washington going into november i don't believe we'll see any significant gdp growth going forward, and in addition i think we're going to continue to see the jobless rate, the unemployment rate continue to be stagnant if not go higher. megyn: the administration is saying, i have my numbers here. they say, look today's report shows that the economy posted its 12th straight quarter of positive growth over the last three years the economy has expanded by 6.7% overall. while the economy continues to move in the right direction additional growth is needed to replace the jobs lost in the deep recession that began at end of 2007. so their point is that even though it hasn't been that great, they got 12 for 12 in terms of growth. they are going like this instead of like this. which is better than the situation we found ourselves in when they took over. >> let me say this, megyn. i think one of the things that you need to consider seriously is that this fed has been incredibly accommodating with

respect to continuing to push the economy toward a growth direction. i mean interest rates are at historical lows, megyn, in an effort to stimulate the homeowner to go out and maybe buy another home or someone who doesn't own a home to go out and buy a new hoerpblgs as well a a new home, as well as businesses putting capital to work to make it expand. the key here is value louisiana tilt anvolatility, and we will see that going into the election. megyn: anxiety may be the right word. the big slow down in the number, the reason gdp wasn't bigger is because consumers aren't spending. the spending has slowed, and they say that that accounts for 70% of economic activity. the folks, they are not buying the cars, they are not buying much, they are sitting at home holding their money. why are they doing that, kyle? >> key, key point in this whole discussion. megyn, for your vires,

viewers, 7 70% of gdp comes down to consumer spending. august of last year it was the lowest consumer sentiment in three decades. i think that sentiment continues. people have pier to put money to work because they fear they might not have a job or don't have a job and are collecting unemployment and are on fixed budgets. they are afraid to go out and buy that flat-screen television or take that vacation and spend money on traveling costs whether it be via car and your gasoline as we've seen gasoline prices still very high. they've come down a bit. historically they are still very high. i think people are more interested in keeping money under their mattress to protect and preserve to get a better view into what is going to happen given the november election. megyn: just so our viewers know, we are officially -- we have more in debt than we do in income in the second quarter our

gdp grew 1 point -- 107.6 billion, our debt grew 274 billion. so our debt is now officially 101.6% overall for the whole year of our gdp. kyle, thank you. >> thank you, megyn. megyn: we are getting bad news at home as we mentioned, but the world economy is also taking a major hit. a startling new report shows that spain's jobless rate has reached a new record. look at that. 24.6%. can you imagine? this amid a recession and austerity measures that are forcing firms to shed more jobs. statistics show that half of that country's citizens underage 26 and able to work have no job. new developments in the case of two missing iowa cousins. a local news station in iowa now says it will turn over the

unedited video of its interview with the mother of one of these girls, the girl on the right is lyric cook mor morrisey. lyric who is ten and her cousin disappeared on july 13th after going for a bike ride. authorities say the video, the complete video of the interview done by the local news station could help their investigation. and trace gallagher who is live in l.a. with more on this there is now a real question about whether the police no for some reason are zeroing in on the parents, not just the mother but the father of little lyric cook. >> reporter: if there was ever any question of them focusing on the parents this. asking for the interview should lay that to refplts the county attorney is saying they need this for a couple of reasons. one, because it was a public statement, they want it in the record and two because they want to analyze of course the tone and tenor of the mother's

interview and break it down frame by frame. there was aired live, there is no live videotape and they do not provide the out takes, that is what happened during the set up of the live interview and afterwards, so they get what they get. now this interesting enough was the grandmother as well as the mother much lyric cook morrisey. the grandmother didn't say a single word but listen now to misty morrisey explain why they got a lawyer. play this. >> we were put into rooms and we were for three hours accused of taking our children, told that we did it, that we need to tell them where the children are at, and it was a pretty intense coercion, and so at that point just being regular people off the street we thought we might need just some legal representation. >> reporter: she goes onto say that she and her husband are being focused on because they have records, right, criminal records, in fact both of them

drug and alcohol criminal records. the father, who you see there in the striped shirt, daniel morrisey is actually going to trial in the fall for drug charges and he could face decades in prison. but the mom says they are not hiding anything. listen. >> absolutely, our criminal past is public record to anybody, any regular citizen on the street, it's public record. its something that can't be hidden, nor would i have hidden it. >> reporter: of course the two girls have now been missing for two weeks. the f.b.i. believes they were abducted because their bodies were not found in that lake where their bikes were found in the area. they believe they are still alive, though the f.b.i. will not tell us exactly why they still believe that. the parents of both girls say they are again cooperating with police. remember they stopped cooperating and now say they are once again cooperating in the investigation, megyn. megyn: and now today we're learning even more about the criminal history, not just of

lyric's mother but the father in particular, we're going to talk about that trace, thank you a bit later in the show when former l.a.p.d. homicide detective mark fuhrman joins us. he'll take a look at this case and he will tell us what he believes really happened to these girls. an extreme weather alert, hours after violent weather rips across the northeast more severe weather is possible just to the south. a pennsylvania woman died when heavy winds toppled a tree that fell onto her car, and a lightning strike on a brooklyn church caused scaffolding to fall and kill a man walking by. some of the storm's lightning caught on tape. look at mother nature, wow. this is the scene in connecticut as lightning streaks across the skies. crews across the northeast are racing to restore electricity to thousands of homes that lost power. one tpherbg resident catching this video, look at this of a transformer exploding. take a listen.

wow, wow, you feel the need to drive on at that moment. where is the severe weather heading now in rick weymouth is live in the fox news extreme weather center. rick. >> reporter: crazy pictures from the storms yesterday. 400 reports of wind damage yesterday all across areas of -- parts of the south stretching across the ohio valley but the bull's-eye here around areas of the northeast, a very rough 24 hours. take a look at what the radar did. you can see the storms go through. it's going to zag a little bit farther toward the south today, very slow-moving system. some of the areas that saw that severe weather yesterday, parts of pennsylvania, maybe new york city, still seeing some more. but it's a little bit farther toward the south and the threat today not as significant as it was yesterday. there is a secondary system back here, across parts of the ohio

valley. this will bring a little bit more of a chance of wind damage today and tomorrow that brings more rain and thunderstorms back across the northeast. in a stormy pattern across the eastern part of the country. megyn. megyn: thank you. a new fallout over an aeu act ad taking on governor romney's stance on reproductive rights. >> i never felt this way before, but it's a scary time to be a woman. mitt romney is just so out of touch. megyn: scary time to be a woman. our panel debates that. and the olympic torch will be lit tonight but one top athlete is no longer allowed to go for the gold, kicked out of the olympics after what some are saying is an offensive tweet. just what did she say, and is this legal, in "kelly's court." plus, serious new warnings from the state department about a massacre in one of syria's largest cities. they are saying this is it, folks, this could be the showdown in this nearly two-year battle we've been watching in syria. that's next. okay, team! after age 40, we can start losing muscle --

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megyn: reports today this a showdown is imminent in syria as the 17th month conflict there appears to be coming to a head. as we await what could be the biggest battle since the start of the uprising there there are new reports that the united states could be getting involved now. first, what's happening in syria, rebel leaders say that the largest city there, aleppo is under a constant barrage from mortars and shelling all while soldiers fire guns from helicopters. the rebels claim that this offensive is not targeting strategic locations, instead the soldiers are firing randomly to cause terror in aleppo. how difficult it is to escape the killing. in jordan a funeral for a 3-year-old boy shot and killed by syrian shoulders as he and his family tried to cross the border. he was nearly at the border when he was killed, a bullet in his neck according to witnesses. jordanian border officials say they believe the soldiers targeted him to scare the others

in his group. tony badrain is a research fellow at the foundation for defense. good to see you. the report is, showdown, showdown now in syria. we've been watching the syrian government battle its own civilians, in addition to the opposition forces for 17 months now. what is it about today that has u.n. red cross, human rights watchers pulling out, telling their people to get out, it's about to get as pw-d as it's got even. >> you're seeing the results of an offensive last week where a major explosion targeted the inner circle of president bashar al-assad killing his brother-in-law, the main target of the operation. there has been surprise offensive by the rebel forces into the strongholds of the regime, damascus, and aleppo which is the second largest city which has been largely loyal to the regime up until this moment. this is no longer the case.

now the rebels have made inch roads into both the major cities. what's been happening is the regime has been mounting a brutal counts offensive, the same type of offensive it was mounting elsewhere in the country accept now it's much closer to home. megyn: the white house has crafted a presidential directive called a finding that would authorize greater covert assistance for the rebels, while stopping short of arming them. perhaps we would provide nonlethal supplies such as communications gear, medical equipment and so on, although it is not clear whether the president has signed that directive yet, this is according to reuters. should the united states be getting more involved? are we likely too? >> the united states should definitely be involved. this is a tra staoepblg strategic thing for the united states. undercutting iranian influence and the conduit of weapons from

lebanon from hezbollah is a major strategic thing for the united states. there have been leaks, as to a covert action that's been going on for months now. the fact it's now coming out that there is a finding but we are not even sure the president signed it yet it's part of the course basically for the administration. megyn: what does that tell you? >> that the administration is very reluctant to get involved and does not want to get involved and unfortunately it's been strategically short sighted on this issue. megyn: a report of what they are doing to the children over there is just really mind numbering, it's incredible what they are doing to their children. and now in fairness we are hearing reports from the opposition forces are allegedly guilty of torture, with respect to some children, or some civilians as well. the reports thus far have been mostly focused on what the bashar al-assad regime is doing to the young ones. now it's maybe happening on both sides. there is a question whether the

world's super power has an obligation to step in and do something on behalf of the children that are not only being shot and killed but starved and cannot get any humanitarian relief. having said all of that, there are reports this week that al-qaida has now infiltrated the opposition and we can't be arming al-qaida. what are we to do? >> i think the reports about an al-qaida infiltration of the opposition are grossly over blown. i don't think that that is an accurate assessment that al-qaida somehow is the primary actor. megyn: is that propaganda or are you saying it's been over blown. >> it's a little bit of both. this is not to deny that are there islamist factions and jihad defactions in syria, but they are by no means the driving force of this rebell yan. t rebellion, to say so is inaccurate. it's been used by the administration to justify the complete lack of a policy. the idea if we arm the opposition we could be arming al-qaida was something that secretary clinton said several months ago in fact. megyn: do we really want to poke

iran in the eye by going into syria, not going in but doing more. >> right, we are not going in, that's the idea. the idea is to do what the united states used to do in the past during the cold war, when we backed factions in phult at proximate sigh wars against the soviet union and other enemies. in this case we have a very clear opportunity to undermine the iranian strategic alliance in the middle east, that is a strategic priority and the united states should be doing something about it. megyn: it's been two weeks since two little cousins disappeared in iowa. a news station has been asked to hand over raw video of the interview of one of the little girl's moms. what exactly are they look for? former l.a.p.d. homicide detective mark fuhrman is here. an update on a hilarious story we brought you yesterday. a prankster husband gets his wife good while driving down the highway. now we're hearing her part of

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a story we brought to you yesterday. the viral video that shows a prankster husband giving his sleeping wife a huge scare all while driving with their children on a highway in north carolina. oh, did we get some emails from our viewers on this. we actually spoke to manny and sandra perez earlier today. we'll air that for you in a bit. but first, another look at the hilarious footage, i thought it was hilarious, many of you not so much of the joke manny played on his wife while in the car. >> so there is a truck getting towed and it looks like it's coming at us and my wife's a sleep. we are going to see if we can scare her.

baby, wake up there's a truck -- [screaming] [laughter] >> i'm sorry it was funny. it was getting towed. megyn: that still makes me laugh. well, she was not happy at first, and manny tells us he was in the doghouse for a while. listen to the couple here. >> so, i have a pretty good sense of humor and i wasn't mad, just for a split second and then after i woke up i was like, okay, it was funny. >> i knew there was a risk, or a reward for my risk, and she did get like -- she made me sleep on the couch that night. we went to a beach house and i wasn't supposed to be rewarded for bad behavior, as her family said. megyn: [laughter] they look like a lot of fun. sandra admits she is used to his pranks because manny pulls stuff like this all the time.

a lot of viewers say it could have resulted in disaster on the road, don't try it at home. listen that particular prank did not result in disaster, and they managed to give us a big laugh, at least us right here. a heartbreaking situation in washington state today where a couple has spent the last week watching their yard slip away, literally. huge chunks of grass and trees have fallen down a 200-foot shreuf int cliff into the water below. could their house be next? trace gallagher is live in l.a. with the latest. >> reporter: happening 30 miles north of seattle. can you imagine sitting there and day after day your front yard kind of keeps tumbling into the sea and there is really nothing they can do about it. look at these pictures again. the house, and the shop are now kind of right on the edge. we are talking about roy and rosa lee ballinger's house. they've lived in the house for a dozen years. last week somehow a 30-foot

geyser erupted in the front lawn. they brought the water department out. they said it is not a water main or a sprinkler, it appears to be a natural spring undermining the ground right in front of their home and their shop. listen. >> we cry and we laugh and -- th-s high all we can do. it's devastating, absolutely devastating. >> i don't know of anyway to stop it. i think of that, you know, it was god that started it and god will have to stop it. >> reporter: and god might have to figure it out because they've brought out the fire department, the engineers, nobody can figure out how to stop this thing. you can't really shore up the cliff, right? and they have no idea if that water is going to keep kind of eating away at the hillside. the underground dirt is already kind of got so close to that shop you saw on the right they've red-tagged it, which means you can't even go in there, it's too dangerous. here is the dad, listen. >> i don't think it's going to

get to the house, but it sure as hell is going to take over my shop, and that's my pride and joy. >> reporter: so for now they think they can save the house, for now. but look at how close the house it to the cliff. that is crazy, 200 feet down into the puget sound is a long way to be living and sleeping in that house not knowing exactly how much undermining is beneath you. pretty scary stuff. megyn: it really is. the pictures are incredible. trace, thank you. breaking news in maryland this afternoon where police have confirmed they've arrested a man they believe was planning a mass shooting. is this a copy-cat? we'll talk about it, new details next. and the obama campaign attacking mitt romney in a brand-new ad. some say it is using scare tactics by alleging women are scared. we'll have a fair & balanced debate next.

>> i never felt this way before but it's a scary time to be a woman. mitt romney is just so out of touch. [ male announcer ] it's a golden opportunity... to experience the lexus performance line... including the gs and is. [ engines revving ] because control is the ultimate expression of power. [ revving continues ] ♪ during the golden opportunity sales event, get great values on some of our newest models. this is the pursuit of perfection.

megyn: fox news alert. maryland police releasing details now about the arrest of a man who allegedly called his workplace and threatened to, quote, blow the place up. maryland authorities holding a news conference this hour identifying the suspect as 28-year-old neil prescott of

croft ton, maryland. he was recently fired from his job and made threatening phone calls to his company they say. >> both of those times, and in both those telephone conversations he made significant threats to come become and harm the people at the business. in fact he said, i'm a joker, and i'm going to load my guns and blow everyone up. megyn: i'm a joker. police say they found an arsenal of weapons at his home. they describe him as emotionally disturbed. we'll continue to follow the developments as they unfold. a new attack ad just put out by the obama re-election team claims that this is a quote, scary time to be a woman thanks to the politics of mitt romney. >> i've never felt this way before, but it's a scary time to be a woman. mitt romney is just so out of

touch. >> mitt romney opposes requiring insurance coverage for contraception, and romney supports overturning roe vs. wade. megyn: joining me now lars larson a syndicated talk show host and i believe we'll have your partner in crime leslie marshal hooked newspaper a minute. i'l up in a minute. i'll is that right with you. is it a scary time to be a woman. >> it is scary in the obama nation where women are out of work. the economy stings, it' stinks. with bad economy, bad government policies, and how about this for being scary as a woman? the planned parenthood folks who get a lot of their fund tpr-g the federal government are giving women advice on how to have gender selection abortions, as long as we're talking about abortion in this. so that a young woman who is pregnant with a girl child can destroy that girl child with the

help of planned parenthood and with the help of all these other government agencies, because she doesn't want to have a girl. i'd call that really scary. not this business about, is the government going to help me buy my birth control pills or condoms. the fact is if you have a good job you can choose to buy your own birth control and your own condoms, that shouldn't be scary at all. this young woman is frightened because mitt romney has taken a pro-life position? by the way the ad also goes onto say that he opposes a pwhoergs even in cases of inch crest and rape and we know that is factually incorrect. megyn: you've got your cohort up. leslie marshal. megyn: a syndicated radio host and a fox news contributor. it's always better when you have two people for the debate. the ad is focused on reproductive rights issues. they talk about romney opposes requiring insurance coverage for contraception, that is the obama care that requires that. he backs a bill that outlawed

all abortion even in cases of rape and incest. they rate that pants on fire saying that romney does support exceptions for rape and incest in any abortion ban. so, what do you make of the ad? >> well, first of all i don't think the ad should just focus on pre productive rights, as a woman, lars when i was connected it was funny, you said something, like as a women. i said lars is viewing him as a women now. >> my feminist side. >> it goes beyond reproduction. it goes towards attacking healthcare that only women require. lars does not even if he wants to be a woman require a pap smear, or cancer screening for cervical, ovarian, out rai uterine cancer . when you talk about birth control, or when you're pregnant and talk about proper prenatal care and education, a lot of the

poor communities don't have this education whether from their parents, certainly not from a physician, and of course we talk about jobs and then of course we talk about the domestic violence against women, although the act was passed in what 16 years it was never politicized until this year. there is a really legislative war on women coming from the right and buddies like lars over there. >> mitt romney supports domestic violence against woman? where did that come from? >> that's not what i said, lars. by a way, as a woman who is from massachusetts originally it perplexess me because i am very, very strong in my opinion on that issue and most americans are i believe that somebody as a governor of a grew state who wanted the votes from the moderate and left-leaning republicans and from democrats as governor was pro-choice and he wakes up to be the red caped g.o.p. candidate for president and he's changed his mind. that's concerning to me. >> we can both take romney to task for his hypocrisy. let me ask you this.

what about the young woman who is catholic or whose religious beliefs say that buying birth control is morally reprehensible yet the obama administration says we going to force to you have contraceptive coverage that you find morally reprehensible even if you work for an organization whose values speak outlawed we don't believe in birth control, but we are going to force you to about it. how is that for scary under the obama administration? >> i do believe that we all have a first amendment right to our freedom of religion even if i may think some of those practices are a bit crazy. in addition, i don't feel that an employee of an organization should have that person's religious beliefs impressed upon them. so if i'm catholic i shouldn't force you to practice in a catholic manner. however, if you do work for a religious organization --

megyn: you were always able to get birth control, it's just a question of who was going to pay for the, that was the question before obamacare. i want to ask you this. because the data according to our research shows that only three in ten, this is from a may 2012 kaiser health tracking poll. 3 in ten women believe there was a wide scale effort to limit women's reproductive health services, and services, including abortion, family planning and so on. three in ten women believe that. it appears the obama campaign believes their odds are better of convincing women giving their advantage among women in the swing states and that's where this ad is going to run. all the swing states, we're going to talk about this in about an hour, there is a razor tight margin in most of these states. could something like this have a real impact? >> it will because the obama campaign lately has been trying to pick and choose little issues in which they can win with a particular interest group. so i think they are looking for

that little tenth of a point here or there instead of representing the broader interest of the american public. they are trying to say can we pick off some percentage points. yeah, they probably can, because there will be people who say, i want to have my contraceptive care provided by the government, paid for by somebody else instead of by your own choice. megyn: i've got to run. good debate as always. glad we got you hooked up and ready to talk, leslie as always. see you soon. >> me too, thanks, megyn. megyn: it's very awkward to have a debate about women with just one guy. coming up, new developments in a bizarre courtroom death that we have been following here. remember this? a former wall street trader seen on camera swallowing something moments eave was foun after he was found guilty, he died. moments after he took something or so it seemed. now we know what happened in this courtroom and it may shock you. as we reported police are pouring overt intervie over the interview by a news station in iowa of the mother of the girl on the right, lyric crook.

they have focused extensively on this little girl's parents for some time now, and they appear to be zeroing in on the mother and the father, and mark fuhrman tells us why, next. >> we didn't want to continue to sit in a position where somebody is coercing us to say that we did something that we didn't do. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. throughout our entire lives. ♪ one a day men's 50+ is a complete multi-vitamin designed for men's health concerns as we age. ♪ it has more of seven antioxidants to support cell health.

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with less chronic osteoarthritis pain. imagine living your life with less chronic low back pain. imagine you, with less pain. cymbalta can help. cymbalta is fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not approved for children under 18. people taking maois or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions

like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, liver diase and before you reduce or stop cymbalta. dizziness or fainting may ocr upon standing. ask your doctor about cymbalta. imagine you with less pain. cymbalta can help. go to cymbalta.com to learn about a free trial offer. megyn: new developments out of iowa in the case of two missing girls. police now appear to be focusing on the parents of one of the little girls, ten-year-old lyric cook shown on the right. she and her eight-year-old cousin elizabeth collins disappeared in iowa about two weeks ago. now a local iowa television station says it will give police, in response to their demands, the raw video of an interview they did with little lyric's mother, her name is misty morrisey. that request came days after misty and her estranged husband

daniel stopped cooperating with the police claiming the investigators were treating them like suspects. >> why do you think they are focusing on you? can you tell me a little, why you and not others? why aren't they looking elsewhere? >> in my opinion they are probably focusing on my family or dan and i because we do have criminal history. that's the only thing that i can think of, so that would be in my opinion, but, you know, they factually know why they are. megyn: joining me now, mark fuhrman a former l.a.p.d. homicide detective and a fox news contributor. they are focusing on little lyric's parents, the mother and the father both of whom have an extensive criminal record and the police accuse the father of being a meth dealer. what does that tell you. >> accusing somebody of being a meth dealer after you've been arrested or convicted of the crime or you're currently

pending prosecution, i don't think that is much of a leap. when you look at this. it seems that the police have been doing a two-prong investigation. they have been looking at all the people that have access to the children, at the same time looking for any possibility of an accident. but there is something really interesting, this is a very tight timeline. they leave the grandmother at about noon, they go past a surveillance video at a business, so you know they got beyond that point. both bikes are left by the lake, and an f.b.i. dog actually keys on the girls' scent at that location. so it's pretty tight, and whatever happened to the girls probably occurred right at that location where their bikes were left. megyn: i want to talk to you about the father of little lyric cook morrisey, the girl on the right the one they are looking into. his criminal troubles are long, they predate her disappearance, and as long ago as obtain the police claim they found him hiding in the porch of a vacant

house and found additional drugs, including an eight ball of meth. they said that they found meth-making materials at the home where he was, and then he was arrested and charged with domestic abuse after police say he threw his estranged wife misty to the ground, smashed her face in the floor, put his knee over her neck so she could barely breathe and broke her finger. if that is the type of guy we are dealing with here, why wouldn't police be zeroing in on him? >> they might be zeroing in to just the normal process of elimination. to the november is you look at this and you connect up criminal behavior and violent behavior, so then they must be a suspect in their own child's disappearance. that is not necessarily so. you know, meth addicts are violent people, but when you look at this you have to have access to the child at the moment that they disappeared, plus there is a cousin with her. so you have two children.

and who ever took the children, whether they gotten to the car voluntarily, or they knew the person, or they were familiar, it doesn't appear that the police have released any information that they were forcefully taken, or there was any evidence at the scene that there was any force whr-rbgs thaforce, whether that be blood or any kind of disturbance to the ground or the dirt or anything of that matter, so the children probably knew the person in which they gotten to the vehicle with. megyn: is this -- and the police are saying, by the way that they don't have any suspects. they are not using that word to describe either parent. reportedly the mother has taken two polygraphs, the father may have taken one as well. the question mark is whether, when you're engaged in that kind of activity, as the police believe he is, and both parents have a criminal record on lyric's side, you associate with some criminal people, and whether you might find yourself in a circumstance in which a

young girl, you know, might be used as ransom, might be in danger. >> well, you know, i mean it's just my experience, but, you know, those type of people are concerned with getting high, they are not concerned with keupbd napping and ransom and getting involved with life sentencing for kidnapping children. and then you have two children. so, i mean, i think that's a much more of a leap than a stranger was there, or, you know, possible bleat parents are directly involved. but to have some third party th-s aoeupb solved with drug activity that i that's involved with drug activity that follows a child on a bicycle, not one but two and overcome them and leave no evidence, i think that's a stretch. megyn: mark fuhrman, thank you so much, sir. always good to see you. in three minutes a courthouse mystery solved. we now what this man swallowed to kill himself seconds after being found guilty in court, the shocking conclusion is next. [ male announcer ] at scottrade,

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megyn: new information in a bizarre courtroom death we reported to you last month. this video shot in an arizona courtroom appears to show the defendant, michael marin putting something in his mouth moments after he was found guilty of arson. moments later he was dead. investigators suspected suicide by poisoning. dr. bad even predicted it was cyanide and now the autopsy report just released has confirmed what dr. b a*rbgs den predicted. the exwall street trader billed himself with cyanide. new information today about a health scare that is causing panic for thousands of people. health officials are trying to identify former hospital patients who may have been exposed to hepatitis c in a number of states. you will not believe how, but

you will be disgusted and disturbed. david lee miller will tell us. david lee. >> reporter: during the span of five years this man worked in more than a dozen hospitals in eight states. according to an f.b.i. agent the traveling medical technician tested positive for hepatitis c as far back as june 2010. it is too early to tell how many people he allegedly infected but the numbers they could be staggering. at least 30 patients treated a at a hospital in new hampshire where he worked until may tested positive for the disease. last night at a public meeting the state health commissioner announced plans to test 3400 former patients. they have been put on hold because authorities are overwhelmed. that delay caused anger and frustration. >> i'm still on that list. there are people in there that are still on that list and it's not fair for them to have to sit here and wait. >> i've got gladder cancer, i've had two bladder operations in the last six months i don't need

this type of aggravation on top of it and all of a sudden it could be me. >> reporter: potentially can tomorrow natured patients want to know how he was able to continue working at hospitals after being fired in 2010 from one in arizona where he was passed out in a men's locker room and found with syringes and needles, the tests shows he had been using marijuana and cocaine. the incident was reported to the state regulatory board but an investigation was dropped after he voluntarily surrendered his certification. according to a published report only days before his arrest in new hampshire on federal charges i was found intoxicated in a hotel room with a suicide note satisfactory thaeud, and i kwaoet, i couldn't handle the stress any more. megyn: he was believed to have used the needles on himself and put them back so they got used on other patients. unbelievable. the union representing ice agents working along the mexican border slamming the president, a full report why in three minutes. olympic athletes dream is taken away from her right before she is supposed to go for gold. fair? "kelly's court" takes a look.

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megyn: fox news alert on a new battle over illegal immigration. brand new hour here of "america live", everyone. welcome. i'm megyn kelly. union leaders representing thousands of america's immigration agents taking on the obama administration over a policy they say forces them to ignore the law and that allows illegal immigrants to exploit the system. the president of the union representing i.c.e. officers, claims that the president's new defered deportation policy for some young folks who are in this country illegally is amounting to a free pass for virtually any suspected illegal immigrant. listen. >> the administration's new policies do not provide officers with new options or increase flexibility but instead, order officers not to enforce laws and not to take enforcement actions against specific groups. with officers under threat of losing their jobs if they

do so. >> trace gallagher picks up the story there live from our west coast newsroom. trace? >> reporter: that news conference you heard from, megyn, lasted quite some time. in short what the union is saying that the border patrol agents and i.c.e. agents it's impossible for them to do their jobs because dhs kind of undermining their authority saying in fact they're flying by the seat of their pants and many agents are just confused. the union says illegal immigrants are taking advantage of the president's new directive that allows illegal immigrants to come here as children and stay, the so drauled dreamers. agent have been given orders if illegal immigrants went to high school in this country, to let them go. no need for proof. no documentation. nothing. you just let them go. so illegals in essence are kind of on the honor system. even when they're already in jail. listen to this. >> if an inmate in a jail claims to be a dreamer, to

avoid deportation or arrest, our officers are required to accept that claim and no other proof is required to substantiate that the alien meets the criteria of the new administration policy. at this point we don't understand why dhs even has criteria at all as there is no requirement or burden to prove anything on the part of the alien. >> the unions go on to say any agent that disregards the policy would be under the threat of losing their jobs. now i.c.e. has responded by saying the agency will aggressively pursue any illegal alien who is using fraud, right? this is a quote from i.c.e. saying. i.c.e.'s congressionally funded to remove approximately 400,000 people each year. base the agency encounters more removeable aliens than it is able to process the agency prioritizes its resources on aliens whose removal have the greatest impact on public safety. of course the administration,

megyn, has said again and again it has removed more illegal immigrants than anyone in history before and now the union is saying yeah, but with this new policy, we have no idea if we're making the right decision or the wrong decision and nobody is giving us direction. megyn. megyn: trace gallagher, thank you. coming up in moments here, what could these claims mean for the immigration policy in this country, not to mention the presidential election? our panel of experts, jay and julian, just ahead on what we make of these extraordinary claims by the head of the i.c.e. union. today is day three for governor mitt romney's visit to london. he has gone across the pond in case you hadn't heard. the presumptive republican presidential nominee under fire what he was said when asked in an interview about london's prepareness for the games which he dialed back today. as the opening ceremony is about to get underway with the governor in attendance. chief political

correspondent, campaign carl cameron live from london on a great boondoggle where there happens to be some news. carl? >> reporter: hi ya, megyn. boondoggle. great british phrase. mitt romney is looking forward to the olympic opening ceremonies which starts in a few hours here in london. the flap for the perceived criticism by the brits for planning for this romney essentially was said reading reports of some of their logistical planning concerns. this morning he went to visit the irish embassy where he had a meeting with the tshoc, equivalent of ireland's house speaker. instead of going in his motorcade from the hotel to the irish embassy, he had to walk in part because of the traffic problems and taxi protest bollocksing up the traffic in london. to some it seems to make a point there are logistical hassles in holding the

olympics in a city as bustling as london is. he met with expats, americans living abroad and held a fund-raiser, 25 to $75,000 a ticket. we're told he raised somewhere in the neighborhood of $2 million. at one point we're told they started letting people in without paying for tickets in order to boost numbers and put more money in the bank. money in the bank going to be spent quite soon tonight as the opening ceremonies take place in the him picks both the obama campaign and romney campaign will be running ads making sure the worldwide olympic audience at least in the united states is watching political commercials in addition to all the sports. megyn. megyn: carl, the games get underway in opening ceremonies in a couple hours. are you going to get to go? >> reporter: we are in downtown london with most of the press. mr. romney and his wife and some of his family members will be there. michelle obama, the first lady, will be there. no, we'll be have to look from the outside of the fence waiting for mr. romney to exit and follow him

through london and off to israel in the morning. >> carl cameron will be drinking his red bull. thank you, sir. cheerio is what i meant to say. information today on the colorado shooting suspect. the accused mass murderer due in court this monday. he is expected to be hit with a string of charges for the massacre that left twem people dead, dozens more injured. but now he is reportedly telling jailhouse workers he does not know why he is jail. the workers don't buy the amnesia claims for a moment. alicia acuna live in aurora, colorado. alicia? >> reporter: megyn, this is a report in the "new york daily news" today, that james holmes is talking jail staffers as if he doesn't remember the shooting that happened here one week ago. and according to the reports, they talked to arapaho detention facility staffer who told them he claims he doesn't know why he is in jail and has asked, why am i

here? something the jail personnel are not buying. on monday holmes will hear exactly why he is being held. he is scheduled to be back in court to hear the list of charges. district attorney carol chambers will file against him. meantime three more funerals are scheduled for today. yesterday the body of u.s. navy officer john larimer was returned to his hometown of crystal lake, illinois. and some victims in area hospitals received more special visitors. members the colorado rockies baseball team stopped by to often couragement. five people remain in critical condition. >> a terrible tragedy. anything we can do to, you know, to divert their attention or, you know, make them think about something else or maybe put a smile on somebody's face, that and let them know we care. >> when a tragedy like this happens you see it on tv, and obviously we weren't there but just to see the,

actual victims and the pain and suffering they're going through, it just makes it real. >> reporter: and perhaps a sign that things are returning somewhat to normal around colorado. the return of political ads to tv and radio here in the state of colorado. both super pacs and the candidates had kind of given it a break for the past week out of respect for victims. back to you, megyn. megyn: alicia, thank you. just about 100 days and counting america decides who will be our next president. a pretty good indicator we are told of who will win the race are, is how the polls are right now. we're going to take a close look at them coming up with ed rollins and joe trippi of the those are two guys who knows what it takes in the last 100 days of an election to get it done. plus a top olympic athlete loses her chance to go for the gold. booted out of the him picks all together for an offensive tweet. is that legal?

"kelly's court" takes up her case. and is the obama administration making it virtually impossible to deport anyone, to even arrest anyone who they believe is an illegal immigrant pursuant to president obama's executive order? well his edict, the controversy, the debate, fair and balanced right after the break. >> the became direct -- obama directive is without legal authority and it jeopardizes the work of those who enforce the law while it condones breaking the law. ietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote.

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megyn: back now to our top story this hour, union heads representing thousands of immigration agent slam the president's border policies saying they have been ordered to allow illegal immigrants to essentially game the system. here's the union boss, chris cain. >> if an inmate in a jail

claims to be a dreamer to avoid deportation, or arrest, our officers are required to accept that claim and no other proof is required to substantiate that the alien meets the criteria of the new administration policy. at this point we don't understand why dhs even has criteria at all as there is no requirement or burden to prove anything on the part of the alien. megyn: joining me now, julien epstein, democratic campaign consultant and former legal council for the house judiciary committee and jay sekulow, chief counsel for the american center for law and justice. >> nice to be here. megyn: we missed you. >> as us you. megyn: all right. so this is a claim by several of these union heads who all came together in rather extraordinary press conference to accuse the administration of directing them to go far beyond even the policy that president obama already announced where he said he will defer deportation for certain of young illegal immigrants

after they apply and go through a process and so on. they're being told sort of at the point of, you know, interaction, to let the illegal immigrants go if they claim they're in high school. jay if that is true, what are we to do with that? >> well, here's what you got, and the reason the unions are concerned. the president puts forward an order, if you will with, a change in regulatory scheme with regard to immigration, basically tries to put himself in place the d.r.e.a.m. act. congress is supposed toe do that. it was supposed to be with vary viable documentation that met certain criteria. the union representatives here and border patrol agent that orders come out that you have to take the word of the illegal alien. if they say they are high school school graduates, if they say they are certain age, such and such you take their word for it, period, that's it. so the properly, the union

said then why are we even having criteria in the first place? no need to have criteria if in fact there is no enforcement mechanism, you take the word of the illegal immigrant to basically not prosecute. so the prosecutorial discretion is now in the hands of the illegal immigrant. that is the reality. megyn: julian, if these agents are being truthful is there any question that what they have been told violates the law? i mean that what they seem to be saying, what they have been told is actually way beyond what president obama ever authorized? >> well, that is the big question, megyn. and i don't disagree with anything that jay said exempt for the fact that the reporting on this and the allegations that are made by these union representatives really lack specifics. it is unclear who is giving this direction, not to require verifiable proof that a alien in question has been here five years, is in high school or has completed high school and met the other criteria. megyn: they say, they just say our orders are, officers have been told.

>> and look i'm all for investigating this but there is no indication whatsoever as to where these orders are given them, who is giving these orders. as jay has said the president was very, very clear in saying that to be eligible for this policy, to benefit from this policy you must provide verifiable proof that you meet the criteria of the policy. >> right. >> so if someone is doing this they're doing this in violation of what the president has directedded i'm all for an investigation here but there is something here that doesn't quite meet meet the eye. >> but the orders are coming from dhs. that's what they're saying. >> who? who are they coming from? not clear who they are coming from. megyn: i.c.e. gave a response, i.c.e. gave a response and they did not respond to the allegations directly. >> correct. they didn't. julian, so i think we have some agreement here but the dhs, this is the way it has been reported and this is what the agent are saying. that their superiors, agents border patrol superiors told them this is the policy

we're putting in place and that has come from dhs. that is where it come from. dhs issued a statement and never denied that was the policy. we have to use prosecutorial discretion. megyn: julian i will let you respond. i want to read the statement from i.c.e. where they say as follows. i.c.e. is congressionally funded to remove 400 thousand people each year. because the agency is encounters more aliens than it is able to remove, they focus resources on the aliens that have the greatest impact of public safety and the integrity of the immigration system. julian, they always say, i.c.e. always says this we don't have the resources to deport everybody. got to make a decision. on a separate note, turns out i.c.e.'s budget for the year of 2012 was 5.8 billion. the budget they requested for 2013, 5.6 billion. they can't blame it on lack of resources that they're asking for less than they even got in 2012, can they? >> there are a bunch of

questions here. let's try to answer first of all. the reason i.c.e. wouldn't respond to the specific allegations my guess they don't know all of the information yet for which they would have to respond. my guess is that if this is true and that's a big if, that there may be a rogue officer here or there who is misinterpreting what the policy is because this totally contravenes the policy that is one. the second point i think i.c.e. is making they're deporting 400,000 illegal aliens every year. that is it twice the amount that president bush day ported. there is a record amount of deportations going on under this administration. and i think you know, in terms of the third question that you asked, megyn, on the funding, you know, nobody, the hill doesn't really pay too close attention to the funding requests of the administration. it is congress's decision to figure out how much money they want to provide. megyn: this is how much they requested. why are they requesting less than they have this year if so worried about the number of resources. >> we're under all these pressures to cut the deficit.

we have got sequestration we're looking at. we have goals we've got to meet because of the budget deal. that is whole another debate. >> all that is great, but reality is, hear is the reality. the department of homeland security has sent forth through its various offices and hierarchy of command this decision we're basically taking the illegal immigrant's word whether they meet the criteria which the president put in place and they don't have to have verifiable documentation. regardless of what, how much money they have, i understand, you know basically you've got to have priorities you have to have prosecutorial discretion but you don't put prosecutorial discretion in the hands of the illegal i am grant. that is what is happening. megyn: these guys came out and said they are under threat of losing their jobs if they defy the policy. >> yep. megyn: it is extraordinary because you look at these guys, they, you we have to believe they are all just lying, that they are, is that possible? or that their interpretation of the policy is more expansive?

>> no. there is another explanation that escapes that question, that escapes the point that jay made it goes back to this point that these, union representatives are making these allegations with no specifics. who told them this was the policy? who told them this was the interpretation? my guess is that if this was true, this was someone, this was a more of a random situation where there may be one or several officers who were misinterpreting what the president's directive is but there is no clear evidence this is coming from the director of dhs or anybody more senior. so you're arguing facts if they're evidence when these things are very much in contention. >> but, they're not in contention. dhs was asked, the department of homeland security was asked, what their response is to the allegations of their union? of the union. and their response was not to answer the allegations. >> i just explained to you why they wouldn't do that. >> why would they just come out and say that is incorrect. there has to be verifiable documentation? megyn: i have to run, are they going to investigate the claims?

>> i absolutely think that they should investigate the claims. my guess is that the reason they haven't said anything more specific is because they don't have the information. and if though, when they do an investigation my guess what they will find if anybody has given this directive to border around patrol agents it was a mistake and clearly in contravention of what the president said. i'm all for doing investigation. let me finish the point, jay. megyn: quickly, let julian finish. give the floor to jay. >> because heads of agencies don't make those statements until they have all the facts. that is one. point two, you didn't respond to the fact this administration deported. more illegal aliens than nip other administration and romney doesn't disagree with the this policy. >> deporting under bush we'll talk about the fact that dhs can solve the problem saying union was wrong. that was not our intent and if it came out that was the position they better start defending it. one or the other. >> my guess it is the former. megyn: great job. 100 days to go before the

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? megyn: a new report dehe will at thatting just how many small businesses were lost during the recession. in this report we're learning that the small businesses of this country were hit much harder than we first thought. census data reveals more than 200,000 small businesses disappeared between 2008 and 2010. taking with them more than three million jobs. adam shapiro is with the fox business network. adam? >> reporter: megyn, this information comes from the u.s. census department. foxnews.com actually looked at this data at companies that have 100, 99 actually or fewer employees, small businesses just to see how many jobs were lost and in what is called the great recession. so as you said, it was roughly, over 3 million jobs

actually because you had 220,000 plus businesses which were lost. if you go back to march of '07, this was a study that looking at march 2008 to 2010, if you go back to march of 2007, it is actually far worse, 273,316 small businesses. part of the problem here that you add 5.1 million businesses small businesses in 2008. by 2010, the most recent year for which data exists you only had 4.9 million businesses. then there's the "gallup poll" which would coincide with this dramatic loss in jobs and businesses which among business owners only 35% approve the obama administration's handling of business issues. 59% disapprove. those are the latest numbers, the administration saying there have been 28 months of private sector job creation. but we lost over 3 million jobs during the great recession and a number, over 200,000 small businesses. that is who creates jobs. megyn? megyn: adam, thank you.

this sunday it will be officially 100 days to election day. what can both candidates do right now to take the best advantage of this time? they are neck-and-neck in the polls. joe trippi is here alongwith ed rollins. who better to ask. plus a deadly danger for dogs. what nearly killed this little golden retriever puppy. it could be growing in your backyard. can your hearing aid do this?

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megyn: the final stretch. we are a heartbeat away from the final 100 days before the race for the white house and it is neck-and-neck in the polls between these two candidates. the gallup seven-day rolling average find president obama and governor romney tied up at 46% each. a look at these numbers is pretty important. in nine of the past 10 elections, the candidate leading in the "gallup poll" taken closest to 100 days out has won the white house. in our next two guests know a thing or two about running a presidential campaign. well, ed rollins, national campaign director of ronald reagan's re-election campaign and a veteran campaign chief in numerous republican presidential campaign races and joe trippi the campaign manager for howard dean's run for the white house and

veteran himself of many democratic presidential campaigns. both men are fox news contributors. we specifically booked you two guys for this segment because woe couldn't think of two guys who now hoe to put this better into perspective for us. a great indicator tell you who most likely to win the presidential election. look who is winning the "gallup poll" one undays out and it's tied. >> absolutely. megyn: ed, tell me. >> this is extraordinary year. joe and i have been through a lot of races. this is a dead-even race. 89 eight of the 9 states that count we're pretty close there. this will be 100 days of pure fury. everybody on either side pretty well decided. not like you get republicans and democrats to move away. it is the independent vote. you can't make any mistakes. it is full bore. 16, 18 hour days seven days a week the candidate has to perform at at maximum level this may come down to the

debates or the last guy making a mistake. megyn: i want to ask you how important the debates are, joe. three have been scheduled excluding the vice-presidential debate in the month of october. we can show our viewers when they take place on the full screen. but they will go face-to-face, three times. that's it. people during these presidential debates on the gop side thought maybe we would have 10, 20, debates. doesn't happen. three times. how critical are they? >> they could decide everything or they could not matter at all. it's, it's, this is a very strange election in terms of how sight everything else and how polarized is. people could tune into the debates to watch and cheer for their guy with not anybody left to make up their minds. both, what is going to happen here, romney wants to make this a referendum on the president and his economic policies. every day that he gaffs or goes off message, that hurts him because you're wasting a day. the president wants to make this a choice between him

and romney. he does not want it to be a referendum on him. so they're both going into those debates trying to make those two cases but they have been making them now for months and we're still in this dead heat. it could just get out who has the best organization. what both campaigns are starting to focus a lot on right now in those nine states that ed rollins talked about, who can get their vote out, not so much necessarily about who is going to outpersuade the other guy but who will make sure their voters vote in this thing. megyn: how do you do that? because we saw a "gallup poll" this we can talk about enthusiasm. they were saying it is considerably higher right now on the gop side, a, than it is on the democraticside and b, than it has been on the gop side in years? >> we want to beat obama. there is no question we want to win the senate. want to beat obama and hold the house. here is one thing i think is very important to think about, historically in the last cycle, obama had $400 million more to spend than the mccain campaign. this time they're going to

be equally matched. they will have all the money they need. even more important, because they have all the money they need and all these outside entities spending money you may not be able to break through on television. you may basically just have negative, negative, negative all the way and which nobody gets moved one way or the other. megyn: sat operation. -- saturation. >> sat rigs will definitely be there. it comes down to whos that their voters most identified and who can get them out? you have to put your legal teams in place. you have got to assume this may be like 1960 with kennedy and nixon or 2000 with bush and gore. it may come down decided after the election by legal means and all the rest of it. every ol'ment of this campaign has to be fully, cuted and no mistakes. megyn: i want to talk about the polls. we showed the "gallup poll" showing them tied. it is all about the swing states. we looked at 11, depending on in the race, florida, 12,

whatever it is, but we looked at 11 swing states to see where the candidates are. this is the first poll. this is "real clear politics" average that puts the race within one point in florida, virginia, iowa, and north carolina. all within one point. those are way too tight, right? i guess they're up for grabs. florida, virginia, iowa, north carolina. look at the next graph. they show president obama ahead by three points or more in ohio, pennsylvania, nevada, michigan, wisconsin, colorado, and new hampshire. so, is that a significant margin for him? basically what this shows us, in all of those 11 states, president obama has the lead exempt for one, north carolina where mitt romney has a .5% lead over him? if i'm one of these two guys i would rather be obama, wouldn't i? >> obama definitely has the advantages both demographically and geographicly with the electoral college. i don't think ed would disagree with that there are certain advantages he has and one of them is with the

electoral lead he only needs to win three or four of those states. romney needs to win six of these states. to make it and, he is in the lead in all these states and it is very close. most of them are in the margin of error you have to at least right now today, give the slight edge to obama. >> but you shouldn't get misled by, state polls are always couple weeks behind national polls. megyn: if that is average ever all polls. >> doesn't matter. it is all methodology. what they mainly do today is registered voters. the polls, that are being done by the campaigns do likely voters. who are my voters. how do i get them out. i imagine that they are very, very closer than this. so my sense the assumption is, i have anybody that is around these campaigns, democrat, republican, you have a did even race. you have eight or nine races in each of these states. you have to run almost like a governor race. it is full bore, not a national campaign but eight or nine governors races in order to win this thing. megyn: the main thing at this point joe, is not to make a gaffe? >> oh, yeah.

mistakes can take somebody out. yesterday was a huge, was a wasted opportunity for romney. again i'm not getting into gaffe, not gaffe. talking about if we're talking about the united kingdom versus great britain or whatever we're not talking about the economy. we're not talking about issues that need to be talked about. megyn: let me ask you on that point, joe, i don't want to bring up a painful memory we remember howard dean and the scream. >> yeah. megyn: that undid him. it is like, really? over like some enthusiasm but it can be something that you don't expect and that just pops up. >> and, for the next week that is all anybody would talk about, no matter what the campaign talked about. that's what i'm saying. you can create these, and the president's created these moments too as we saw just a week or so ago. so i think right now, both campaigns have to be careful here. the other thing that still does matter who is romney going to pick as his vice president. these conventions can set the table in terms of what turf we fight on, what are

the issues that are really put in focus at those conventions. there are big events that will happen here in the next few weeks that will really mat year ed rollins your thoughts on that in particular the vice president. >> i think rubio would be a great choice. i think others are basically okay. at the end of the day joe's point someone being tired, these campaigns get very, very tired. no matter how many campaigns i've been in, i've been in 10 presidential and joe has been in awful lot of them too. at end of the day everybody goes at each other. mistakes are made and you have to make sure the candidate date is not making mistakes and you need discipline unlike you never seen before. >> agree. megyn: almost there. gentlemen, thank you both so much. have a great weekend. coming up next a top track-and-field athlete banned from the olympic games over some controversial tweets. is that legal? "kelly's court" is next. a woman shows up to court carting two monkeys. why there is a brewing

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♪ ♪ megyn: "kelly's court" is back in session. on the docket today, a top athlete banned from competing in the olympic games because of some tweets she sent out. triple jumper. voula papachristou of greece has been removed by the olympic committee because of a tweet she wrote that sparked a firestorm of criticism. many people saying it was blatantly racist. earlier this week the 23-year-old posted on her twitter account, quote, with so many africans in greece, at least the mosquitos of west nile will eat homemade food. she later issued an apology saying quote, i would like to express my heartfelt apologies for the unfortunate and tasteless joke i published on my personal twitter account. i'm very sorry and as shaped

of the negative responses i triggered since i negative wanted to oaf fend anyone or encroach on human rights. joaning me, jonna spilbor, forrer prosecutor and attorney. arthur aidala, same pedigree. she is not american. she was booted from the greek olympic team. made the team over some others and now gets booted from the greek olympic team because of that tweet, jonna? >> rules are rules. if you're an olympic athlete, it is not just about how fast you can run or how high you can jump you have to be the entire package. the olympic committees have a set of rules and charters and bylaws you as an athlete are not to offend. she offended them. she has got to go. megyn: go ahead, arthur. >> i don't know if this world always being politically correct i'm afraid to say what i feel is, i don't, i don't think what she said is so horrible that she deserves the death

penalty which is basically what she got. i mean she referred, and you started off, megyn saying these are people who live in your are, not people that live in the united states of nerc. i spend a lot of time in europe. the word africans is nothing wrong with that. west nile is a place in africa where there is virus where people communicate. it is stupid, stupid thing. megyn: apparently there were other tweets. >> that is only one i know about. megyn: she somehow affiliated or praised some extreme organization that they describe as near fascist that, you know, she likes apparently. but the question is, i will start with you on this, arthur, whether we really want to get a practice in greece or elsewhere banning olympicth a lietz because they don't like groups they are affiliated with? >> absolutely not. i'm an american. so i believe in freedom of association. that's one of our foundations. so if you ban every major league baseball player or

national football player because of what church they went to or what political party they went to or even if it was an extremist party, that was not, that is not very american. megyn: look who participates in the olympic games, jonna. you will have a lot of anti-semetic tick nations, folks from those nations who have those beliefs. maybe anti-islam. if we're going through everybody's prejudices and start banning individual athletes the games start to look a little different. >> but i think there is a fine line. unfortunately prejudiced athletes that participate in the olympics. the difference is she tweets it to millions and millions of people two days before the opening ceremony. if she wants, she can have all the views from her living room when she is not two days away from competing. she made the mistake by putting out there and way too close to the games. >> don't you think if appropriate banned her from opening ceremonies and closing ceremonies but

allowed her to do what she was there to do? i mean, you know she must have spent her whole life probably close to millions of hours of practice and -- >> 100 people right behind her who will take her place happily who didn't offend. >> is it fair? does the punishment fit the crime? i could see it taking her out of tonight's ceremony. can't stand there and wave the flag and the same at end but not allow her to participate? she didn't hurt anyone. megyn i only know one quote that you read. i don't know anything about what you read. she doesn't use a racial slur. no, she doesn't. africans is not a racial slur. >> come on. the whole mosquito comment and west nile. >> west nile disease does come from that part of africa. >> you never want to tweet anything like that. >> agree. i'm not saying it is not stupid or just wrong. and tasteless. i don't think it rises to the level of the death penalty. megyn: greece has some free speech rights recognized but

not anywhere near to the extent we do in this country and yet this country too punished our own athletes in 1968 in the wake of that black arm band controversy? remember that? held up arm bands, about south africa whether they would be able to participate in the games. i think we yanked our players off the team. so does it have to do with free speech, jonna, or the way you will represent your country and whether people look at you and think politics, versus athleticism? >> i think mostly the latter. and if you look at the olympic committee rules they ban a lot of things. not prejudiced remarks you can't ooze ties, for example, different companies and such. you're supposed to represent the entire package. isn't it a privilege you guys? you don't have a right to go to the olympics by any mean. if you step out you're out of there. >> a privilege you earn from years of hard work and competition and get there our olympic, star olympian the swimmer is caught with

allegedly smoking some substance out of a bong two years ago. that is a, that is a crime. should he have been banned from the olympics? that is crime. this women has not committed a crime. we have to use common sense and judgement. as i said the public nichement should fit the crime. this is way, this is real tough for this kid to swallow the rest of her life. >> her coach came out and said he believes this is too harsh. but the decision has been made. she will not be competing in this these olympic games. >> have a great weekend. megyn: taking your thoughts on it. follow me on twitter at megyn kelly. coming up the days of getting lost in the supermarket are gone. how one grocery store is making it easier for men to shop. we'll take you to the man aisle. >> i think it is a good idea. i'm walking by. it caught my attention. >> i feel like this is long overdue. i can't imagine how no one came up with this before. it is quite frankly genius. large metal object hitting the ground)

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megyn: monkey business in court to bring you. seriously. this one's a custody battle. meet kiko, a texas woman, and a texas woman who is fighting to keep her. after a mississippi challenged the ownership of kiko the judge did not seem to mind the monkeys in the courtroom. >> i wouldn't want to turn them loose in the courtroom and have them get all excited or frightened and start to run around but in terms of them being properly restrained and in their, certainly not a problem in the courtroom. it was kind of a delight to have them here today. megyn: kiko, by the way is the daughter of the movie star in monkey trouble. as for that woman from mississippi? she failed to show up for court. so kiko remains in the custody of his current owners in texas who went

banana when they got the news. sorry. sorry. you know it is friday. the show is almost over. coming up right now, new reason for men to go grocery shopping. this is the so-called man aisle. kind of like man cave market style. it opened up in a new york city store. the entire area stocked in with guy's essentials in one con sent location from water to razors to barbecue sauce. they didn't think men could handle a trip around the grocery store. both of our fox news interns went out to ask what they thought shoppers. they are our "america live" interns. watch here. >> i think it is a good idea. walking by, caught my attention. supermarkets like this could be overwhelming. i could get through the day with what they have here. >> not all of them. i think i have better taste than some of this. >> i think it is great. it is great. it is easy. they had can pick up what they want an usually here. i see the, beer, the water,

the chips. they have got it all. i mean, when i saw the man aisle, i thought, what a great place to meet a guy. bum into him. you need help. i could help you. kind of funny. singles night at the market. >> i feel like a woman's aisle is the whole entire store but we're getting suggestions, oh, right next to the man's aisle you should have a yoga section and this way, it will be fun, like all the single girls could go to that act like they're shopping. yoga aisle and across from the man aisle. so it's been a lot of fun. megyn: the store's owners decided to create the aisle after reading a study found more men, 31% of men in fact, are shopping for their families. that is up from 14% in the 1980s. interesting. right after the break, a deadly danger for dogs. you need to pay attention to this if you're a dog lover. what nearly killed but did not thankfully, this little

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>>megyn: a warning for pet owners. what is growing in your backyard could be faith to your dog. a couple on long island found that the hard way. their 13 week old golden retriever, sandy, was throwing up on the verge of kidney failure. the owners found mushrooms inside the puppy's mouth. they did not think it was a big deal but it was. it is a rare but poisonous fungus. thankfully, little sandy is on the road to recovery after receiving ten days of blood transfusions. you might want to check out your backyard to protect your pup. thanks for watching, everybody, have a great weekend. i'm megyn kelly. >>trace: the news begins anew, on "studio b" with the united

states economy slumping in another major reform. but not as much as the experts predicted. republicans say this proves the president's policies are not working. we have reaction from both sides a bipartisan group of lawmakers slamming a united nations effort to crackdown on illegal weapons trading. but the u.n. proposal may not affect american laws, anyway. >> the mayors of boston and chicago blast the head of the fast food chain chick-fil-a after he came out against marriage. can politics stop the chain from expanding? that is all ahead unless breaking news changes everything. this is "studio b" right here. >> first from fox at 3:00, new signs the u.s. economy could be stuck in a rut. g.d.p. grew by just 1.5 percent between april and june. it is a smaller increase

compared to the first three months of 2012. g.d.p. is the value of all the r country's overall economic health. when the united states is producing less, that could force companies to cut back on hiring. the white house pointing out that today's numbers show the economy is still moving in the right direction but it is still not enough. >> that is why the president continues to insist the proposals he has put forward that outside economists say would have an immediate impact on economic growth and on job creation must be passed by congress. we will continue to make that case. >>trace: republicans had a different view. the former minnesota governor pawlenty fired back on behalf of the romney campaigning saying and i quote, "instead of generating growth and jobs, president obama has only generated